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TO: Mayor Richard Irvin
FROM: Deborah A. Lang, Assistant Corporation Counsel
DATE: September 5, 2018
SUBJECT:
Requesting approval of an agreement between East Aurora School District 131 and the City of Aurora, through the Aurora Police Department, for the school year 2018 - 2019, concerning reciprocal reporting of criminal offenses and quasi-criminal offenses committed by students enrolled in the East Aurora School District 131.
PURPOSE:
This agreement between District 131 and the Aurora Police Department establishes guidelines for reciprocal reporting of criminal and or quasi-criminal offenses committed by students enrolled within the school district.
BACKGROUND:
The Illinois School Code, under Section 105 ILCS 5/10-20.14, authorizes a school district and local law enforcement agencies to establish a protocol for a reciprocal reporting system regarding criminal and/or quasi-criminal offenses committed by students enrolled within the school district, within the bounds of the confidentiality requirements, applicable to school officials and police officers. This agreement defines a structure that school administrators and officers can follow so that both parties can efficiently and effectively prevent, eliminate and discourage acts of crime, violence and intimidation.
DISCUSSION:
This agreement between District 131 and the Aurora Police Department allows each party to share information pertaining to activity or suspected activity that would jeopardize the safe, orderly and violence-free environment of a school. The guidelines established in the agreement meet the requirements of the Juvenile Court Act, the Illinois School Student Records Act and Sections 10-20.14 and 22-20 of the Illinois School Code, to reduce juvenile crime, while also increasing school safety by promoting the exchange of appropriate information between District 131 and the Aurora Police Department.
IMPACT STATEMENT:
This agreement improves the communication and sharing of information between School District 131 and the Aurora Police Department and should have minimal impact on the general public as well as the Aurora Police Department.
RECOMMENDATIONS:
The Aurora Police Department request the proposed resolution and agreement be approved.
cc: Government Operations Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Entering into an Agreement concerning reciprocal reporting of criminal and quasi-criminal offenses of students enrolled in East Aurora School District 131 between East Aurora School District 131 and the City of Aurora, through the Aurora Police Department, for the school year 2018 - 2019.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Section 10-20.14 of the Illinois School Code (105 ILCS 5/10-20.14(b)), authorizes a reciprocal reporting system between the school district and local law enforcement agencies regarding criminal offenses committed by students; and
WHEREAS, Section 1-7(A)(8) of the Juvenile Court Act (705 ILCS 405/1-7(A)(8)), and Section 5-905(h) of the Juvenile Court Act (705 ILCS 405/5-905(1)(h)) govern juvenile law enforcement records; and
WHEREAS, the Parties have determined they must foster cooperation and improve the flow of information between Aurora Police Department and East Aurora School District 131 in order to provide a safe, healthy, and violence-free school environment; and
WHEREAS, the Aurora Police Department and East Aurora School District 131 recognize the need for educators and law enforcement to share information if there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds; and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes intergovernmental cooperation such as is contemplated by the Agreement, and Illinois statutes provide that public agencies may share powers through intergovernmental agreements (5 ILCS 220/1 et.seq.); the City is a unit of local government (Ill. Const.,Art. VII, Sec. 1) and a public agency (5 ILCS 220/1); and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the attached agreement between the City of Aurora, through the Aurora Police Department, and the East Aurora School District 131 concerning reciprocal reporting of criminal or quasi-criminal activities by minors enrolled in the East Aurora School District 131 is fully adopted as set forth in attached signed document.